My name is Jay Factor. I am going to Court on May 8th challenging a denied permit to carry in New Jersey. In my letter of need declined to acquiesce to the the "urgent necessity" requirement and instead relied on article 1-1 and 1-5 and the right of conscience as my "justifiable need." One thing in my research of Siccardi v. State, 284 A.2d 533, 59 N.J. 545 (N.J. 12/13/1971) was that the urgent necessity requirement came not from a Justice Jacobs or another Judge (or the Statute)but from a California Justice (Mosk) writing in a law review who got it from England. [59 NJ Page 552] Oddly, Jacobs admitted that the "urgent necessity" requirement came from a meeting of assignment Judges. [59 NJ Page 557] The assignment judges were acting in an administrative capacity here and I don't think that this "rule" was ever filed with the Secretary of State as per the NJ Constitution [NJ CONST of 1947 Art V. Sect. IV, Para. 6 reading "No rule or regulation made by any department, officer, agency or authority of this state, except such as relates to the organization or internal management of the State government or a part thereof, shall take effect until it is filed either with the Secretary of State or in such other manner as may be provided by law." Although the NJ Court denies a violation of Article III's distribution of the powers of government, Justice Jacobs admits that NJ carry permits should not be handled by the Judiciary but the Executive Branch. [59 NJ Page 557- 558] I have determined that the Judge issued the permits in NJ in the early 1900's because many towns did not have police departments and the State Police were not only cutting their teeth but were remotely located.
To get more into answering your question, in my research of "justifiable need" I discovered that the reason that in 1924 the Chief of Police first received the application and the applicant's need was because an applicant (Paymaster Charles Higgins) who carried the cash receipts ($6000) of the Bound Brook Crushed Stone Company was in the NJ Supreme Court in Somerset to get a handgun carry permit. It's not clear whether Justice Charles Parker awarded or denied the paymaster although my evidence shows he granted it to paymasters, cashiers and bank messengers. Higgins told in open Court he wanted a pistol because he was paymaster for a stone company on Chimney Rock Road and travel a "lonely road" to pay off. 48 permits were issued that day and the newspaper published the list the next identifying them as paymaster or bank messenger &c. &c. The same day the Court was reviewing the Handgun Permit application the Grand Jury was in session and some criminals were in the building. As a result 4 men staked out Chimney Rock Road to jump Higgins who also had a two man armed guard of off duty State Troopers with him. After Higgins got to his location the one gunmen was stopped for questioning and shot at the officers in their car. One Trooper was hit. The 2nd Trooper returned fire but was disarmed and the other three bandits came from the woods shooting forcing the 2nd Trooper to run for cover. See NY Times Dec. 20th 1924. -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of [email protected] Sent: Thursday, April 30, 2009 3:02 PM To: [email protected] Subject: Firearmsregprof Digest, Vol 65, Issue 16 Send Firearmsregprof mailing list submissions to [email protected] To subscribe or unsubscribe via the World Wide Web, visit http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof or, via email, send a message with subject or body 'help' to [email protected] You can reach the person managing the list at [email protected] When replying, please edit your Subject line so it is more specific than "Re: Contents of Firearmsregprof digest..." Today's Topics: 1. Literature on judicial review of administrative gun possession/carry permit decisions (Volokh, Eugene) ---------------------------------------------------------------------- Message: 1 Date: Wed, 29 Apr 2009 16:46:28 -0700 From: "Volokh, Eugene" <[email protected]> To: <[email protected]> Subject: Literature on judicial review of administrative gun possession/carry permit decisions Message-ID: <[email protected]> Content-Type: text/plain; charset="us-ascii" Do any of you by any chance know of any law review articles on judicial review of administrative gun possession/carry permit decisions - how it actually operates, whether a state or federal constitutional right to bear arms requires independent judicial review in such cases, and the like? Thanks, Eugene -------------- next part -------------- An HTML attachment was scrubbed... URL: <http://lists.ucla.edu/cgi-bin/mailman/private/firearmsregprof/attachments/2 0090429/d287473f/attachment-0001.htm> ------------------------------ _______________________________________________ Firearmsregprof mailing list [email protected] http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. End of Firearmsregprof Digest, Vol 65, Issue 16 *********************************************** _______________________________________________ To post, send message to [email protected] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
